Trademark

Protecting Quasi Judicial Officers from Executive Excesses: A Patent Upliftment!


Influence

Read the text of the judgment here. In a significant development for IP and constitutional law, the Delhi High Court ruled that the statutory discretion vested in quasi-judicial officials such as Patent Controllers and Trademark Registrars cannot be interfered with by their higher ups, such as the Controller General (CG).  But first a bit of background. Several months ago, the CG had issued an office order disallowing “substantial” amendments in trademark applications. The key part of the office order (Clause…


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Copyright

The Day the Music Died: In the “Company” of Collusive Collecting Societies


The Day the Music Died F

Much like the Diwali crackers bursting all around us, this IP news comes with a bang! In a momentous development for copyright law in India, IPRS and PPL have declared that they are no longer “collecting societies” under the copyright act, but merely a “company”. As such, they claim that they cannot be regulated under the terms of the copyright act, but answer only to the terms of the Companies Act. SpicyIP managed to scoop a letter from IPRS to…


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Copyright

SpicyIP Tidbit: It is Still Copyright Infringement if the Image is ‘Modified’!


modify

Massachusetts-based photographer Bimal Nepal has had a strange Diwali this year. A photograph of lamps that he had posted on Flickr in 2012 has been copied without permission – by the Prime Minister (or more specifically, his PR team), who modified it slightly before posting it on the official Narendra Modi Facebook page on October 21st. The Prime Minister’s post has gathered close to half a million ‘Likes’ over two days. Nepal posted on Facebook that while he was honoured that…


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Trademark

Which Singh is King? Two IPR Firms Take on Each Other in a Trademark Battle over Their Names


Image from here- http://2.bp.blogspot.com/_bDM629DPvws/TOlUEQl3TEI/AAAAAAAAAFg/jSkDnoVhCNs/s1600/singh-is-king-829pix[1].jpg

In an application for temporary injunction in a trademark suit between law firms Singh & Singh and Singh & Associates, Justice Endlaw of the Delhi High Court on 14th October ordered that Singh & Associates add ‘Founded by Advocate Manoj K. Singh’ below its logo to avoid confusion in the minds of litigants. Read the judgment here. Any law student learning up case names in Criminal Law or Constitutional Law would have undoubtedly noticed that the name Singh is ubiquitous…


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Copyright Innovation

The DST/DBT Releases the Second Draft of its Open Access Policy


dst_b_15_12_2012

The Department of Science and Technology and the Department of Biotechnology (DST/DBT) together released the second draft of its Open Access Policy and has invited comments on the same. The Open Access Policy is the DST/DBT initiative aimed at trying to increase the availability of the findings of publicly funded research by encouraging these to be made open access. The manner in which the policy achieves this is by requiring every DST or DBT funded or other indirectly funded research…


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Copyright

Breaking News: Shemaroo refused injunction in ‘Tamanchey’ case


tamanchey

In an order dated 10th October, a Division Bench of the Bombay High Court rejected Shemaroo’s application for an injunction restraining the release of the film ‘Tamanchey’. Shemaroo Entertainment Ltd. had earlier filed an application before a Single Judge Bench of the Bombay HC asking for an injunction to restrain the release of Suryaveer Singh Bhullar’s ‘Tamanchey’ on the ground that the film incorporated a video clipping of the popular song ‘Pyar Mein Dil Pe Maar De Goli’, the copyright…


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Others

SpicyIP Weekly Review (13th-19th October, 2014)


Last week was a lively one at SpicyIP with us covering a range of issues such as secondary electronic evidence, jurisdiction in e-commerce disputes and the Supreme Court’s decision to invalidate the National Tax Tribunal. We also had a lot of Bollywood news- such as John Doe order for the film Happy New Year, a personality rights suit by Boney Kapoor, and more! Read on. The SpicyIP Story of the Week:  Swaraj brought us a post on the US Trade Representative’s…


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Copyright Others

Blast From the Past: Pyaasa (1957)


Pyaasa_1957_film_poster

No discussion on Indian cinema is complete without the mention of Guru Dutt’s timeless classic ‘Pyaasa’. Starring Waheeda Rehman and Guru Dutt in key roles, the film is about the life of a struggling poet, Vijay, as he tries to make sense of a world which is steeped in greed and selfishness. I watched the film for the first time yesterday and I was thrilled to discover that the film has a copyright angle to it! [Warning: Spoiler ahead!] After…


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Copyright

SpicyIP Tidbit: Happy New Year granted John Doe order ahead of its release


happy new year

  Red Chillies Entertainments Private Limited’s film ‘Happy New Year’, starring Deepika Padukone and Shah Rukh Khan, is set to release in theatres across India on 24th October, 2014. The production house has recently obtained a John Doe order from the Bombay High Court dated 14th October, 2014 which restrains any person from “telecasting/broadcasting/distributing/putting on the cable TV network/disseminating/reproducing or otherwise making available to the public, the film ‘Happy New Year’” or “from (i) making a copy of the said…


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Copyright Trademark

Jurisdiction in E-Commerce IP Disputes


WWE case

Given the meteoric rise of e-commerce companies like Flipkart and Snapdeal in India, one may safely conclude that e-commerce is here to stay. Legal disputes in the e-commerce sphere are already cropping up dime a dozen. These disputes are unique in this that unlike traditional businesses which are permanently established in a particular geographical region, e-commerce businesses enjoy a virtual/online presence and this inevitably leads to questions of jurisdiction being pondered by the Court. Recently, the Delhi HC in World…


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